Supreme Court Rejects Tamil Nadu's Plea Against Mekedatu Dam Proposal In Karnataka As Premature

The Supreme Court on Thursday (November 13) refused to entertain the applications filed by the State of Tamil Nadu against the State of Karnataka's plan for the construction of the Mekedatu dam on the Cauvery River.

The first application challenged the permission granted by the Central Water Commission by letter dated 22.11.2018 for the preparation of a Detailed Project Report of the Mekedatu project. The second application was against the execution of the Mekedatu Project, seeking directions against the Central Water Commission to return the DPR submitted by the State of Karnataka.

A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria observed that Tamil Nadu's challenge to the order passed by the Central Water Commission (CWC) for the preparation of the Detailed Project Report (DPR) for the Mekadatu dam was "premature", as the plan would be approved only after considering the objections of the State as well as the opinion of the expert bodies, Cauvery Water Regulation Committee (CWRC) and the Cauvery Water Management Authority (CWMA).

"At this stage, what is being done by the order passed by the CWC is only the preparation of the DPR, that too after taking into consideration the objections of the State of Tamil Nadu, the experts of the CWMA and CWRC. It is further to be noted that the CWC had further directed that the prior approval of the CWMA and CWRC would be a prerequisite for the consideration of the DPR. In that view of the matter, we find the present application to be premature," the bench observed in the order.

The Court also referred to its earlier order passed in August 2023 which refused to go into the issue which arose with respect to the Monsoon of 2023, and had asked the CWMA to assess the situation, observing that the Court does not possess the expertise.

"We reiterate what was observed in our order dated 25.08.2023 that we don't possess expertise. This court time and again reiterated that this court should refrain from areas which are best reserved for experts," the bench observed.

"Materials show that the direction of the CWC is based on suggestions of expert bodies. Not only that, the project would be considered by the CWC only if the CWMA approves of the same...in that view of the matter, we find that the present application, when the expert body is seisin of the matter, is premature," the Court observed.

The Court added that the State of Karnataka is bound to release the water in pursuance of the directions of the Court and the authorities. "If Karnataka fails to comply with the directions of this court, it faces the risk of committing contempt of the court," the bench warned.

The Court added that if the DPR is approved by the CWC, then the State of Tamil Nadu would be free to take such steps to challenge it as permissible in law.

The application of Tamil Nadu was filed as a 'Miscellaneous Application' in its appeal filed in 2007 against the decision of the Cauvery Water Disputes Tribunal, which was disposed of in 2018.  

In exercise of the powers conferred by Section 6A of the Inter-State River Water Disputes Act, 1956, the Central Government has notified the Cauvery Water Management Scheme, 2018 inter alia, constituting the 'Cauvery Water Management Authority' to give effect to the decision of the Cauvery Water Disputes Tribunal (Tribunal) as modified by the Supreme Court vide order, dated 16.02.2018.

Senior Advocate Mukul Rohatgi, appearing on behalf of the State of Tamil Nadu, submitted that the proposed Mekedatu Balancing Reservoir cum Drinking Water project would be detrimental for the farmers of Tamil Nadu who depend on the water of Cauvery for their livelihood. He further argued that the reservoir is being built at an altitude higher than where the State of Tamil Nadu is to get the water, i.e. the measuring station at Biligundlu, which would adversely affect the release of water to the downstream State.

Senior Advocates Shyam Divan, Mohan Katarki and Advocate General Shashi Kiran Shetty for the State of Karnataka, argued that the application by the State of Tamil Nadu was a 'misconceived application'. They added that by the order of the Apex Court, Karnataka is duty-bound to deliver 177.25 TMC of water to Tamil Nadu and if the same is not affected, then they should be able to go ahead with the reservoir project, subject to requisite permissions. It was pointed out that the main appeal was disposed of in 2018 and new issues cannot be raised in a miscellaneous application filed in the decided appeal. Karnataka's lawyers further argued that the 2018 judgment has not imposed any restriction on constructing the Mekedatu Balancing Reservoir cum Drinking Water Project or any other Project within its territory.

 Case : State of Karnataka v. State of Tamil Nadu | MA 3127/2018 in C.A. No. 2453/2007